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NO Under the US Constitution, a public health authority could even make vaccination mandatory, and this was done in some historical epidemics. In Jacobson v. Massachusetts, 197 U.S. 11 (1905) the US Supreme court held such mandatory vaccinations to be constitutional. The court wrote: The liberty secured by the Constitution of the United States does not ...


6

Canadian lawyers who handle this kind of matter usually describe themselves as "human rights" and/or "discrimination" lawyers. No formal regulatory specialty is recognized or required, however. Any licensed lawyer in good standing is legally permitted to take on such a case.


6

Legally obtain employee’s covid vaccination status without employee’s consent? No Request employee to provide one. On grounds of what law? Anyone can ask anyone anything, however, I presume you are asking when they can demand to see your certificate. Employers have a general right to issue reasonable and lawful instructions to employees and failing to ...


6

In the US the first amendment protections given to free expression make defamation claims significantly harder to pursue than in some other countries. o-called 'product defamation" claims are generally harder yet. In the case of Dominion Voting Systems some of those sued seem to have made fairly specific allegations, which, if true, would involve ...


5

I think that is not a "reasonable" interpretation of the order, but that's separate from the question of what will be enforced. Focusing on the word of the order, No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer What does it mean to "compel" a person to do something? A ...


5

Both Title VII of Title VII of the Civil Rights Act of 1964 (as amended), and the Americans with Disabilities Act(ADA) as amended, provide that employer mandates are subject to "reasonable accommodations" for "sincere religious beliefs". If any mandate was based on or subject to either of those laws, requests for accommodation would need ...


4

One thing that may prevent this is contract law: the employer may not have the power to impose new requirements on employees during the period of the current contract. For prisons that are run by government agencies, there may also be statutory restrictions on what the warden or Bureau of Prisons can compel employees to do without legislative approval (this ...


3

President Biden's most far-reaching mandates use four mechanisms: Federal employees must be vaccinated, contractors to the Federal government must impose mandates on their employees, businesses with more than 100 employees must impose mandates under an order (not yet written) from the Occupational Health and Safety Administration to insure workplace safety, ...


3

Parents have very wide latitude to make their children do what they are told, especially when the action is mandated by law. Vaccinations for school children are mandatory, and that could include covid vaccinations. A child is not eligible for an exemption on their own (only the parent can request a non-medical exemption). Force can be used on the child to ...


2

Currently, there are two public health orders mandating vaccinations for workers in certain industries: Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021, covering education and child care workers Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021, covering health care workers Each of these orders requires ...


2

I found this regarding g Washington state The Adolescent Behavioral Health Care Access Act enables parents/caregivers to bring a child for inpatient or outpatient treatment without requiring consent from the child, ages 13-17. The law includes elements introduced by the state Senate and House of Representatives, which originally titled the bill as HB 1874 ...


2

Biden cannot write legislation, he can only enforce legislation previously enacted by Congress. Therefore, his primary challenge is finding a legal path that enables his branch of government to write a rule. The governors, in response to such a rule, would then have a specific target to aim their legal arguments at. During the Trump administration, there ...


2

As many parties as have standing. The First Amendment protects the right to petition for redress of grievances, so any limitation on that right would be highly disfavored. When there's a rush of cases like this, though, there are a few option for dealing with them. For instance, a plaintiff may seek class certification, permitting him to stand in for ...


2

It looks like one of the arguments raised by plaintiffs is that the policy violates Indiana's anti-vaccine-passport law, HB 1405 (see page 10 of the full text), which was just signed into law in late April 2021. Obviously previous precedent would not have taken this law into account, and it is possible that IU's policy, even if it had been upheld as legal ...


2

Mandatory vaccination requires an act of the legislature in the state: here is the law for Washington state. The Dept. of Health is empowered to set certain rules within the confines of the law passed by the legislature. The law requires "full immunization" against "certain vaccine-preventable diseases in accordance with schedules and with ...


2

Yes. Depending on the state, this would likely be classified as fraud, theft by deception, larceny by trick, or something similar. Generally speaking, these laws make it a crime to obtain the property of another person through some factual misrepresentation. By misrepresenting your age to obtain a vaccine from a person who would not give it to you knowing ...


1

Yes, According to the US EEOC In the united-states the Federal EEOC (Equal Employment Opportunity Commission) which enforces federal anti-discrimination employment laws, Title VII of the Civil Rights Act, the ADA (Americans with Disabilities Act), the Age Discrimination in Employment Act, GINA (Genetic Information Nondiscrimination Act) and the ...


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